Jerk crashed into son with NO insurance or license [Archive] - Big Big Forums

hblueeyes

01-25-2007, 11:12 PM

Today my son was hit from the side by a guy who had no insurance and a suspended license. Plus he had multiple state drivers licenses. It was at 7:30 am. Traffic was heavy so he turned to take a different route. As he turned onto the road, with no other cars, he noticed a train and as he was turning into a driveway to go back from where he came a guy hit his rea drivers side. He was talking on a cell phone and lighting a stogie, so maybe that would explain why he did not go into the outside line to avoid an accident or that there were no skid marks from him trying to stop. He hit the car with such force that it threw the passengers hat and eyeglasses into the back seat. The car is a early 90s Geo storm with high bucket seats. His hat was a Chicago Bears ski cap, had to be thrown off from just rocking front to back after impact. The guy wanted my sons info and to not call police. But my said said too late. They are on their way and the guy started cussing and had a fit. His car, a 2001 Olds Alero, was totaled. My sons car is dented, the frame, slightly bent, the exhaust pipe is kinked, trunk destroyed (it was plastic) and there is no a dent in the inside drivers side door where my sons head hit the top of the door. That's all we can tell for now. We are gettiing estimates tomorrow after he sees the doc for the bruise and knot on his head and for his headaces, I thiink he has a slight concussion.

The cop gave my son a ticket for attempting to turn into a driveway that was not his and crossing the solid yellow line. Later in the afternnon the guy calls and wants the insurance info because he wants his car fixed and said the cop told him it was my sons fault. Hello idiot. You had no insurance and a suspended license. you were not supposed to be driving. My son is sick about this as am I.

Any info as to what we can expect from the insurance company and the courts? He had liability only. He is worried about being sued and this affecting him going to college in the fall. He has already been accepted at a private institution, his first choice college. I told him to go to the police station and get the guys court date and to show up so it is not thrown out. Any other advice is appreciated.

Me:p

iluvmybaby

01-26-2007, 12:03 AM

I hope your son is going to be OK. Only advice is, get a lawyer and document, document, document. Make sure to get a copy of the medical records/medical bills your son incurrs. Unfortunetely, since this man had no insurance or no license, it means he has a total disregard to the law and prob wont pay up, even if it is court order. Sorry to be a negative nelly, I will continue to send prayers your way.

azwup05

01-26-2007, 03:41 AM

It probably depends on what state you are in, but my guess would be that your insurance will be footing the bill.

PrincessArky

01-26-2007, 06:06 AM

It probably depends on what state you are in, but my guess would be that your insurance will be footing the bill.

yeah I know that's how it works here :( It doesn't matter who is uninsured but who is at fault.........honestly I wish the cops could have found a way to blame the other guy

freeby4me

01-26-2007, 06:12 AM

Are you saying the other person got in no trouble at all for having a suspended license? What about him not having insurance?

PrincessArky

01-26-2007, 06:15 AM

Are you saying the other person got in no trouble at all for having a suspended license? What about him not having insurance?

I would hope so...too bad they don't have a fine for being a moron cause he would surely get that one too

Njean31

01-26-2007, 06:16 AM

Are you saying the other person got in no trouble at all for having a suspended license? What about him not having insurance?

he'll probably get in trouble for no insurance and no license but i guess it's not automatically his fault because he didn't have either. if your son got the ticket relating to the wreck then his insurance will probably pay for the other guys car to get fixed..........which totally sucks since he didn't have any:mad:

Blackerose

01-26-2007, 06:16 AM

Was the other driver ticketed for driving on a suspended and having no insurance? You need to let your insurance company know these facts. Your insurance will most likely pay for the damages of his; other driver's car but since the other driver has no insurance this is slightly in your favor. I would still consult a lawyer on this. The consults are free and your son was hurt.

pepperpot

01-26-2007, 07:32 AM

Sorry to hear about this. I hope your some feels better and no matter what, don't put off college, it'll work it's way out. Good luck.

SLance68

01-26-2007, 08:27 AM

If your son was ticketed as being at fault for the accident the other party is not responsible for any damages. The insurance you have must repair the other car - it does not matter if they had a license or insurance - it was your son's fault and that is all that matters. As far as your son's injuries and repairing his car that is up to your insurance. Since he only had liability did he also have PIP coverage? if he did then his insurance should cover some of your son's medical bills but no repair to the car.

hblueeyes

01-26-2007, 08:43 AM

The other driver was ticketed and arrested. I am surprised that no ticket was issued for the guy being on a cell while driving since it has been a state law for a few years now. My son told the insurance company everything, including how the guy got irate when my son called the police.

If he is rewarded for breaking the law, (getting $$$ for his car) then what is the point of having laws to begin with? Why should I carry insurance as long as I am not at fault, I loose nothing. So I get a ticket for no insurance. Big deal. All I need is proof that I have it now when I go to court and its over. I can then cancel the policy and be none the worse.

me:p

PrincessArky

01-26-2007, 08:59 AM

pepperpot

01-26-2007, 09:00 AM

The other driver was ticketed and arrested.

Glad to hear that.

starduster31

01-26-2007, 09:08 AM

my son was in an accident last year, and the other driver had no insurance and no dl, they said it was my sons fault, so my insurance had to pay. they got 2 tickets and skipped out on them. so be prepared for your insurance to pay.

wyozozo

01-26-2007, 09:34 AM

The cop gave my son a ticket for attempting to turn into a driveway that was not his and crossing the solid yellow line. HUH? That is the oddest citation I have ever heard of...I'd fight it in court if it was me. How can it be against the law to turn into a driveway that is not yours? What about when you visit friends and relatives? Of course he crossed the solid yellow line, he was turning!!! Hello!!!

Plus I was under the impression the driver hitting you from behind was ALWAYS at fault...

Sorry this happened but my advice is to consult an attorney regarding these charges.

suprtruckr

01-26-2007, 09:57 AM

The cop gave my son a ticket for attempting to turn into a driveway that was not his and crossing the solid yellow line.
call and speak to the cops supervisor that is a BS charge and as for the other guy having "multiple state drivers licenses" that used to be considered a felony charge a few years ago because you could only be in pocession of ONE valid license at a time

freeby4me

01-26-2007, 10:03 AM

I think the DS got a ticket for avoiding the train by turning into a drive-way that didnt belong to him.

SLance68

01-26-2007, 10:15 AM

He probably was ticketed because he was backing up and caused an accident. Anytime you are backing up and are in a accident you will more than likely be ticketed. Unfortunately that is just the way it works.

hblueeyes

01-27-2007, 07:01 AM

No he was not backing up. He was in the process of turning into a driveway. When I was learning to drive they called that a 3 point turn.

Me:p

Myssi76

01-27-2007, 08:25 AM

I am sorry this happened to your son, but if he was at fault he will have to pay regardless of the other drivers driving situation. As for getting a ticket for turning around in someone’s driveway, they does stink, but its what they can do, because essentially driveways are not turn-around and are considered private property.

Hope your son heals quickly and everything works out for you and your family.

silvermist

01-27-2007, 08:50 AM

The other guy should have his license completely taken away from him however if saying he DID have his license it'd be your sons fault. Didn't your son look and see that the car was coming before doing the maneuver? I think both parties were at fault honestly. If it wasn't the guy without the license it might have been someone who did have one and than your son would probably be in huger trouble than is the case now.

YankeeMary

01-27-2007, 09:02 AM

I asked Deputy Craig...lol...this is what it said about crossing a double yellow line.
The only time you can't turn across a yellow is when it is a solid yellow line, 18 inches thick or two sets of double yellow lines connected by hash marks. Both of these situations act as a makeshift median.

hblueeyes

01-27-2007, 09:32 AM

The guy turned onto the street after son decided to turn into a driveway. the guy had to be speeding. He was on a cell phone and smoking/lighting a stoggie when he hit my son as he was turning but had not yet completed his turn. if there was a street where my son was turning my son would not have gotten a ticket. he got the ticket because he was turning into a driveway that was not his. These were the only 2 cars on the road. it is 4 lanes, 2 lanes each direction and the lanes are wide to accomadate all the truck traffice since there are only a few homes on that street and the rest is industry.

There are 2 solid yellow lines. Combined they would not measure 18 inches and there are no slash marks. No brake marks or skid lines on the road either. i went and looked. The guy did not even brake because he did not see my sons car because he was not paying attention. All he had to do was move slightly to the right to avoid the accident. he was mad because my son called the cops. He did not want the cops called yet wanted my sons info so he could screw him later. i had this happen to me moons ago.

My problem is that this jerk is going to benefit by participating in illegal activity and if it is true that having multiple state licenses is a felony, that for him to benefit is even worse. He was driving a car with florida plates though he lives in Illinois and has a suspended Illinois license along with licenses from other states. he was arrested for no insurance and driving on a suspended license but I do not know if he was ticketed for having more than one license.

I was told by an insurance agent once that if you suffer while in the commission of a felony insurance does not have to pay. So how can this guy benefit.

Again what is the point of having insurance then if you can still benefit if you dont.

me:p

SLance68

01-27-2007, 10:39 AM

How do you know he had multiple licenses on him? I am still confused as to how this accident happened. Was the driveway your son pulled into on the left side of the road or the right? As someone mentioned above - it couldn't of been a 3 point turn that is not done by pulling into a driveway it is done in the street only.

Unfortunately yes people can benefit if they do not carry insurance - that is why so many people carry uninsured motorist coverage. But you did say he was arrested which would be for probably the suspended license - which that doesn't always get an arrest. In Orange County, FL you go to jail for driveing with a suspended license but in Seminole County (directly north of Orange Co) you just get a ticket. Also it will depend on what charges he is actually found guilty of if he ends up with a felony conviction - it will probably get dropped down to a misdemeanor and pled out as part of a plea bargain.

hblueeyes

01-27-2007, 11:07 AM

The cop said he had multiple licenses. My son had not turned into a driveway. he was in the process of his left turn when the guy hit him from behind and clipped the rear drivers side just behind the wheel well. He hit with such force that it smashed in his front end. My sons head hit the door and dented it and the passenger had his glasses and ski cap thrown off his head and into the back seat. That is why i suspect he was speeding as well as my son said when he saw the train he looked into his rear view mirror and no one was on the road. He decided to turn around in a driveway and go back to where he had came from. (These trains can take 45 minutes to pass). As he was in the process of turning the guy hit him.

me

YankeeMary

01-27-2007, 11:12 AM

How is your son feeling? I imagine he is quite sore.

hblueeyes

01-27-2007, 11:20 AM

He is fine except for the knot on his head. he had headaches for 2 days and missed 2 days of school but can catch up on school work this weekend. Honors and AP classes have much homoework, but he is fiine. The passenger, my other son is also fiine but came home from school early yesterday because of a sore neck and a headache. He went to school because he had 2 tests and did not want to miss them as honors classes have different rules regarding make up tests, it is easier for him to just go, besides he likes school. They are fiine considering.

Thank you for asking.

me:p

meep_meep

01-27-2007, 11:28 AM

If your son is injured, get a lawyer- find one that will work with no money down and doesn't get paid unless you do- usually their fee will be 30-60% of the settlement, but they will get you enough money for the bills and usually some extra for yourself.

If he's going to court I suggest pictures and LOTS of them, take a ruler/yard stick out there, measure the double yellow lines, pictures of the closest intersection/train tracks, and have any information prevelant to the case ready when his court date is. If you can find out when the other guys court date is, go.

Also head over and get a copy of the police report that the officer filed. Some places (most) charge for these, usually $5-15.

Since your accident just happened, and if you get a lawyer (makes it sooo much easier to deal with ins companies) get yourself a note book. Note in it every little thing that happens for the car repairs, your son's injuries, and lost time from work etc. Keep reciepts for the work.

I've been hit like this making a left turn into a parking lot. the guy that hit me didn't stick around, had out of state plates, etc. My insurance was a B*$%h to deal with, I have statefarm. I wound up needing knee surgery from it, and dealing with PT, steriod shots, and everything else during my last two semesters in college, and my grades reflected the pressure that I was under.

And as of right now, my new car got hit when someone stopped infront of me-- my dad was driving my car-- and that person was making a left turn into heavy traffic with out a turn arrow. with the police report, and everything else I had-- pictures etc, her insurance is going to wind up paying. The bad part is my dad and my sister are still suffering from the accident last April. :( Anyway, show up at ANY and ALL court dates.

get your witnesses, and if you get any correspondence from their insurance company, keep it. Hers tried sending a check to my dad who doesn't even OWN MY CAR for 75% of their "estimated" value of the repairs.... I had my insurance pay for it, and it wound up being three times what they offered. My insurance will have to go after her insurance, but whatever. I'm not too worried about it.

Denise1972

01-27-2007, 08:13 PM

I dont think it is the whole state of Illinois that has the ban on cell phones while driving. I live in Springfield, and there is no law here. I think it is just for the Chicago area. I think thats where you live right?

I am sorry about your son. I hope he is ok.

The other driver was ticketed and arrested. I am surprised that no ticket was issued for the guy being on a cell while driving since it has been a state law for a few years now. My son told the insurance company everything, including how the guy got irate when my son called the police.

If he is rewarded for breaking the law, (getting $$$ for his car) then what is the point of having laws to begin with? Why should I carry insurance as long as I am not at fault, I loose nothing. So I get a ticket for no insurance. Big deal. All I need is proof that I have it now when I go to court and its over. I can then cancel the policy and be none the worse.

me:p

Quaker_Parrots

01-28-2007, 05:47 AM

If the guy was traveling in the same direction as your son, and hit him in the rear, how in the world was it your sons fault? The guy should have been sited for following too close.

heartlvrs

01-28-2007, 06:01 AM

HUH? That is the oddest citation I have ever heard of...I'd fight it in court if it was me. How can it be against the law to turn into a driveway that is not yours? What about when you visit friends and relatives? Of course he crossed the solid yellow line, he was turning!!! Hello!!!

Plus I was under the impression the driver hitting you from behind was ALWAYS at fault...

Sorry this happened but my advice is to consult an attorney regarding these charges.

you rear end someone no matter what they were doing...its your fault....law says you must be in control of your vehicle in ALL circumstances.

killbarney

01-30-2007, 09:52 PM

Not in all states unless it's changed. And the person in the rear is not ALWAYS at fault if it can be proven that the person in front swooped and stopped and there was NO WAY you could have stopped. However it is very hard to prove that, so I'd say in those states that have the person in the rear at fault 99.999999999% of them are found at fault, as they should be. How on earth can I control the behavior of the person behind me?

you rear end someone no matter what they were doing...its your fault....law says you must be in control of your vehicle in ALL circumstances.

PrincessArky

01-31-2007, 04:41 AM

Not in all states unless it's changed. And the person in the rear is not ALWAYS at fault if it can be proven that the person in front swooped and stopped and there was NO WAY you could have stopped. However it is very hard to prove that, so I'd say in those states that have the person in the rear at fault 99.999999999% of them are found at fault, as they should be. How on earth can I control the behavior of the person behind me?

I know here it is automatically the person in the rear's fault and they will have to pay or file on insurance and they will get a ticket for following too close no matter what caused the accident........I always said I will one day get hit cause I am always slowing down for animals on the road

freeby4me

01-31-2007, 04:50 AM

I know here it is automatically the person in the rear's fault and they will have to pay or file on insurance and they will get a ticket for following too close no matter what caused the accident........I always said I will one day get hit cause I am always slowing down for animals on the road

Now with that being said how would it be the person behind you's fault because you stop suddenly for a squirrel or bunny rabbit or something. I know they should be driving at a safe distance but its still quite possible to rear-end someone if they do that.

PrincessArky

01-31-2007, 04:56 AM

Now with that being said how would it be the person behind you's fault because you stop suddenly for a squirrel or bunny rabbit or something. I know they should be driving at a safe distance but its still quite possible to rear-end someone if they do that.

I completely agree it should be the person who slams on the brakes but it isn't here because they ASSume that the person in the rear was following too close and sometimes speeding

freeby4me

01-31-2007, 04:59 AM

OK I understand. They should definately change that because it just re-inforces the "Im the only person in the whole world on this road....La La La) attitude which is dangerous :eek:

PrincessArky

01-31-2007, 05:02 AM

OK I understand. They should definately change that because it just re-inforces the "Im the only person in the whole world on this road....La La La) attitude which is dangerous :eek:

Especially when you get behind those ppl that suddenly slam on the brakes to make a turn w/out using the signal gosh that pisses me so fast and I have personally come close to hitting several of them before and I am not a bumper rider but sometimes they just it so fast

hblueeyes

03-25-2007, 08:06 AM

Update: Son went to court and son plead not guilty and the judge thought the cop was goofy for writing such a ticket. He walked.

The other guy was also supposed to be there but he was a no show so son is considering a small claims suit for damages to his car.

Thanks for all the support and replies.

Me:p

SLance68

03-25-2007, 08:31 AM

The best thing that happened was that the cop didn't show up for court - that enables the judge to throw out the ticket if he thinks the cop is goofy. It is harder to get the tickets thrown out if the cop is present and can explain his reasoning for this. As for small claims - does the guy have anything worth suing for? If he doesn't have insurance I doubt you are going to get much from him other than a judgement that will be virtually useless. I would really think long and hard before I wasted anymore time on this guy. Glad that the ticket was dropped, I still can't even figure out how the cop could give him one - it just didn't make sense. Thank goodness your son had a sensible judge.

hblueeyes

03-25-2007, 08:45 AM

The cop showed up, the guy that hit my son did not. The judge asked the cop how he could write such a ticket since the cop was not there and saw nothing. The cops were called by my son. Yes, I agree my son was lucky he had a judge with somoe sense.

My son has not yet decided if he will make a small claims or not. This guy had no insurance, true, but he had a nice car. He must have something in order to get a car like he had. I am staying out of it and letting him make the call. I have played devils advocate so he can think it through. I explained the most he would get is what the car is worth since the damages were over 2K. So he would only get $900 at most by my calculations. But he says it is about more than the money. It was how the guy tried to screw him over. How this jerk started screaming at him and acting the fool. How this guy called after he was bailed out of jail and wanted my son or his insurance to pay for his damages and a rental. Hello, you had a revoked or suspended license, you cannot rent a car. This call is his. It will definitely be a learning experience.

me:p

SLance68

03-25-2007, 09:31 AM

The guy wanted a rental car? That is too funny. I would hope that the guy gets more jail time for the suspended license. But no matter what kind of car he owns your son will probably get nothing in the end except the satisfaction of taking the guy to court. Hopefully he would get a decent judge or better yet have him go on Judge Judy she would tear the guy apart and he would at least get some of the restitution from the appearance fees for the show.